Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2427-19 in Suit No. 1620-19
CNR NO.MHCC0100668519
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2427 OF 2019
IN
L.C. SUIT NO. 1620 OF 2019
Mr. Mahesh Batavia …...Plaintiff
Versus
The Municipal Corporation of Gr. Bombay ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 30th September, 2019.
Appearance:
Ld. Adv. Mr. Vaishnawa for plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the Order
bearing No. ACD/OD/134/Lic. dated 20.06.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The plaintiff was served with Show Cause Notice bearing No.
CID/OD/793/Inspection dated 15.03.2019.
4. In the inspection, the following Projections were seen on the site:
i) Cupboard adm. 1.20 mt. x 2.00 height x 0.40 depth
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ii) Bottom Box 1.50 m x 0.40 height x 0.25 depth.
iii) Show Case a) 0.50 m x 1.80 mt., b) 0.51 m x 1.480mt.
iv) Projection1.60 m x 2.10 m
The Show Cause Notice was issued to Mr. Satish V. Satam on
15.03.2019 and order dated 20.06.2019 was passed.
The following infringements were found.
i) Licensee not present.
ii) Original license Copy not produce.
iii) Cupboard adm. 1.20 m x 2.00 Height x 0.40 Depth (for which
license is not granted)
iv) Bottom Box 1.50 m x 0.40 Height x 0.25 Depth. (for which license
is not granted)
v) Show Case (a) 0.80 m x 1.80 m (b) 0.80 m x 1.80 m (for which
license is not granted)
vi) Weather Frame 1.60 m x 2.10 m (extended beyond licensed area)
Admittedly, the license was cancelled. The projection were
directed to be removed.
5. Admittedly, the suit is filed by Mr. Mahesh Batavia. The notice
under Section 313 of the MMC Act was issued to Mr. Satish V. Satam
and not to the plaintiff. Further, order was passed against Mr. Satish V.
Satam. The plaintiff now had filed present suit and sought to challenge
the notice and the order. Admittedly, the notice is not issued to the
plaintiff. The plaintiff has no locus to challenge the notice.
6. It is the contention of the plaintiff that the plaintiff had made an
application to the corporation and continued the same business for
which the license to Satish V. Satam was issued. The plaintiff had made
an application on 19.10.2018 for transfer the license in his name. It is
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the contention of the plaintiff that the transfer of licensee is not affected
as on today. As observed earlier, the plaintiff does not seem to have
locus to challenge the notice issued to Satish V. Satam.
Merely on the basis of the contention that he is running the Shop
to which the license was issued by the Corporation to Satish V. Satam.
It is also not the prayer of the plaintiff that his application for transfer of
license to be expeditiously decided.
7. The plaintiff may be carried out the business in the notice
premises, it therefore does not give him right to institute the present
notice of motion and seek the temporary injunction against corporation
where notice is issued to the person in whose name the license shown.
The plaintiff does not have primafacie right to challenge the notice.
The plaintiff had failed to make out primafacie case in his favour.
The balance of convenience does not lies in favour of the plaintiff. The
plaintiff would not be put to irreparable loss, if the temporary
injunction is refused.
In the result, following order is passed.
ORDER
The Notice of Motion No. 2427/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 30.09.2019 City Civil Court, Mumbai.
Dictated on : 30.09.2019
Transcribed on : 01.10.2019
Signed by HHJ on : 07.10.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 07.10.2019 at 1.25 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
30.09.2019
JUDGMENT/ORDER signed by
P.O. on
07.10.2019
JUDGMENT/ORDER uploaded
on
07.10.2019
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